Johnson v. Brown

MALLAED, Chief Judge.

Plaintiff assigns as error the following portion of the court’s instruction to the jury on the first issue:

“Was the plaintiff’s negligent breach of duty the proximate cause or one of the proximate causes of resulting injury and damage?”

In this portion of the charge relating to proximate cause, the court used the word “plaintiff’s” instead of “defendant’s.” While this, standing alone, may be considered harmless lapsus linguae, we think it may have confused the jury when it is considered with another portion of the charge on the first issue on proximate cause and assigned…